Sandberg Phoenix is a respected and influential construction law firm covering Missouri, Illinois, Kansas and the Midwest. We represent subcontractors, specialty contractors, suppliers, owners, developers, design professionals, general contractors, sureties and trade associations.
Our initial goal is conflict avoidance. When conflicts arise we are adept and skillful at negotiation, mediation, arbitration, litigation and appeals.
We actively participate in the construction industry throughout the country. We have presented countless seminars in more than a dozen states and provinces throughout the US and Canada. In addition we have prolifically and timely published articles on matters of interest to the construction industry.
We are members of and counsel to the American Subcontractors Association – Midwest Council, SITE Improvement Association, and Bi-State Fabricators Association, Inc. We are a member of Associated Builders and Contractors, Inc. In addition, our members are active in the American Bar Association’s Forum on the Construction Industry and the Construction Law Committee of the Missouri Bar. One of our attorneys has served as past and present Chair of that committee.
Our depth and breadth of experience allow us to cover virtually all aspects of construction law:
- Payment Claims
- Mechanic’s Liens
- State and Federal Bond Claims – Bid, Performance and Payment
- Negotiate and Draft Contracts
- Resolve Disputes – Negotiation, Mediation, Arbitration and Litigation
- Delay/Acceleration/Impact Claims
- Defect Claims
- Damages – Direct, Liquidated, Consequential
- Differing Site Conditions
- Selection of Project Delivery Systems
- Warranty Claims
- Contract Claims
- Bid Protests
- Insurance Coverage
- Errors and Omission Claims
- Minority, Women’s, Veteran’s Enterprise Programs
- Interact with other Laws – Labor/Employment, Bankruptcy, Environmental and Real Estate Law
- Draft/Lobby for Legislation
- Provide Advice and Counsel
- Draft, Review and Negotiate Contracts
- Analyze, Prepare, Prosecute and Defend Contract Claims
- Negotiate and Resolve Contract Claims
- Mediate Construction Disputes
- Arbitrate Construction Disputes
- Litigate at both the Trial and Appellate Levels
- Handle Bid Protests
Contracts are instruments used to allocate risk. While we generally believe conflicts are more likely to be avoided if risks are allocated to the party who can best control a particular risk, we strive to learn each client’s particular contract philosophy and negotiate and draft contracts to conform to the client’s goal.
We have experience drafting specialized proprietary contracts, revising industry standardized forms and drafting addenda as effective tools to amend contract language.
We know that claims can be won or lost by the language used in ancillary contract documents, not just the base contract or subcontract. This is why we carefully examine language in specifications, change orders, lien waivers, insurance certificates and policies, warranties, indemnities, bonds, releases, etc.
A mechanic’s lien or a payment bond is a contractor’s best collection tool. Virtually every state in the country has some form of lien laws. Mechanic’s liens are an American institution. We have mastered the art of perfecting these claims. Without a doubt, as a general rule, when contractual debts are secured with either a lien or bond, they will get resolved faster and more successfully so long as the strict time limits and procedural requirements are followed. That’s our job.
We have extensive experience in resolving disputes at all stages. We firmly believe in early resolution.
With good reason, mediation is an effective and efficient dispute resolution procedure. While arbitration may be faster than litigation it is not necessarily cheaper.
The decision whether to arbitrate or litigate is best made after you know the nature of the dispute, the amount involved, and the number of parties involved. We believe in maintaining – when possible – flexibility until the nature of the dispute is known.
There are a time and a place for each. We will counsel you on their respective pros and cons.
Where Construction Law Intersects with Other Laws
We work with trade associations to draft and push for passage of legislation impacting the construction industry. We have drafted and helped secure passage of laws on retainage, mechanic’s liens and indemnification.
While construction law has topics largely unique to that industry, e.g., retainage, change orders, site conditions, liens, there are areas where construction issues intersect with other areas of the law. Sandberg Phoenix has a deep bench with seasoned attorneys in relevant areas such as labor/employment, bankruptcy, real estate, creditor’s rights, business formation and transactions. We believe in and use the team approach whenever multiple disciplines come into play.
For more information or to schedule a consultation, contact our team leader, Richard A. Stockenberg, at (314) 446-4301 or email@example.com